How to File for Probate

Filing for probate begins the legal process of settling the deceased person's estate under court supervision. To start, visit or call the probate court in the county where the deceased lived — not where they died or where you live. Ask the clerk for a "Petition for Probate" form (the exact name varies by state). You will need the original will (if one exists), a certified death certificate, and a completed petition listing the deceased's assets, debts, and heirs. Filing fees range from $50 to $400 depending on the state and the estate's value.

Once the petition is filed, the court will schedule a hearing, typically 2 to 6 weeks later. At the hearing, the judge will validate the will (if there is one), formally appoint you as executor or administrator, and issue letters testamentary — the document that gives you legal authority to act on behalf of the estate. In most states, you will also be required to publish a notice to creditors in a local newspaper, giving creditors a window (usually 3 to 6 months) to file claims against the estate.

If the estate is small, you may qualify for a simplified process. Most states offer "small estate affidavit" procedures for estates under a certain threshold — typically $25,000 to $150,000 in probate assets (the threshold varies significantly by state). This simplified process skips the formal court hearing and can be completed in days rather than months. Assets that pass outside of probate — such as jointly held property, life insurance with a named beneficiary, and retirement accounts with designated beneficiaries — do not count toward the probate threshold. An estate attorney can help determine the most efficient path, and many offer free 30-minute initial consultations.